Birth injuries occur when a newborn suffers harm during labor or delivery due to complications, medical negligence, or unforeseen circumstances. While some injuries may be minor and heal on their own, others can lead to long-term health issues or permanent disabilities. Understanding the causes, legal rights, and available options is crucial for parents navigating this challenging situation. If you need legal assistance, a knowledgeable birth injury lawyer Alabaster AL can help you explore your options and seek justice.
Common Causes of Birth Injuries
Birth injuries can result from a variety of factors, including:
Medical Negligence
Medical professionals have a duty to provide a standard level of care. When they fail to do so, birth injuries can occur due to:
- Failure to monitor fetal distress – Ignoring warning signs such as an irregular heartbeat or oxygen deprivation.
- Delayed C-section – Not performing a timely cesarean section when necessary.
- Misuse of delivery tools – Improper use of forceps or vacuum extractors causing trauma.
- Medication errors – Administering incorrect dosages that affect the baby’s health.
Difficult or Prolonged Labor
When labor is prolonged or becomes complicated, the risk of birth injuries increases. A baby may experience oxygen deprivation, excessive pressure on the head or shoulders, or restricted blood flow, leading to conditions like cerebral palsy or brain damage. An experienced Augusta birth injury lawyer can help investigate whether medical mistakes contributed to these complications and ensure that your family receives the support and compensation needed for ongoing care.
Maternal Health Conditions
Pre-existing health conditions such as diabetes, infections, or high blood pressure can increase the risk of birth injuries. Proper prenatal care is essential to monitor and manage these risks.
Common Types of Birth Injuries
Birth injuries can vary in severity, affecting different parts of a baby’s body. Some of the most common injuries include:
Brachial Plexus Injuries (Erb’s Palsy)
This injury occurs when the nerves in the baby’s shoulder are stretched or torn during delivery, leading to weakness or paralysis in the arm.
Cerebral Palsy
A neurological disorder caused by oxygen deprivation during birth, cerebral palsy affects movement, coordination, and muscle tone. It can lead to lifelong challenges in mobility and motor skills.
Hypoxic-Ischemic Encephalopathy (HIE)
This condition results from oxygen deprivation to the brain, potentially leading to cognitive impairments, developmental delays, or seizures.
Fractures
Improper delivery techniques or the baby’s positioning can cause fractures, most commonly to the clavicle (collarbone), which may take weeks to heal.
Recognizing the Signs of a Birth Injury
Some birth injuries are immediately noticeable, while others take time to manifest. Parents should watch for signs such as:
- Lack of movement or weakness in limbs
- Seizures or abnormal reflexes
- Breathing difficulties
- Excessive fussiness or difficulty feeding
- Developmental delays
If any of these symptoms arise, seeking medical attention is critical to assess the extent of the injury and begin necessary treatment.
Legal Rights of Parents in Birth Injury Cases
If a birth injury is caused by medical negligence, parents have legal options to seek justice and compensation. A skilled birth injury lawyer Augusta can help you understand your rights and guide you through the process of holding responsible parties accountable. Understanding these rights is crucial in protecting the child’s future and securing the necessary care and support.
Establishing Medical Malpractice
To prove medical malpractice in a birth injury case, parents must demonstrate that:
- A doctor-patient relationship existed, meaning the medical provider was responsible for the mother and baby’s care.
- The provider failed to meet the standard of care, acting negligently or making errors that a competent professional would not have made.
- This negligence directly caused the birth injury and resulted in harm.
- The child or family suffered damages, such as medical expenses, therapy costs, or emotional distress.
Types of Compensation Available
Parents may be eligible for compensation to cover:
- Medical expenses (past, present, and future)
- Rehabilitation and therapy costs
- Pain and suffering
- Long-term care or special education needs
- Lost wages of parents who must care for the injured child
Steps to Take if Your Child Has a Birth Injury
Seek Medical Evaluation
A thorough medical evaluation can determine the severity of the injury and establish a treatment plan. Early intervention is essential to improve outcomes. An experienced Augusta birth injury attorney can help ensure that your child receives the necessary medical care and that you have the support needed to navigate the legal process for compensation.
Document Everything
Keeping detailed records of medical reports, doctor’s visits, treatments, and any unusual symptoms observed in the baby can strengthen a legal claim.
Consult a Birth Injury Lawyer
An experienced birth injury attorney can review the case, collect necessary evidence, consult medical experts, and help parents understand their legal rights. Legal representation is crucial in navigating complex medical malpractice claims.
About Ask the Law Doc
If your child has experienced a birth injury due to medical negligence, Ask the Law Doc is here to assist you. Our experienced Alabaster birth injury attorneys are dedicated to supporting families impacted by medical malpractice. We offer personalized legal guidance to help you understand your rights and seek the compensation you deserve. Contact us today for a free consultation and let us help you secure your child’s future.
